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4 — Principle: Justice ("fairness")
The dentist
has a duty to treat people fairly.
This principle expresses the concept that professionals have a
duty to be fair in their dealings with patients, colleagues and
society. Under this principle, the dentist's primary obligations
include dealing with people justly and delivering dental care
without prejudice. In its broadest sense, this principle expresses
the concept that the dental profession should actively seek allies
throughout society on specific activities that will help improve
access to care for all.
- Code of Professional Conduct
4. A. Patient Selection
- Advisory Opinion
4. A. 1. Patients
with Bloodborne Pathogens
- 4. B. Emergency Service
4. C. Justifiable Criticism
- Advisory Opinion
4. C. 1. Meaning
of "Justifiable"
- 4. D. Expert Testimony
- Advisory Opinion
4. D. 1. Contingent Fees
- 4. E. Rebates & Split Fees
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Code of Professional Conduct
4.A. Patient Selection. While dentists, in serving the public, may exercise reasonable
discretion in selecting patients for their practices, dentists
shall not refuse to accept patients into their practice or deny
dental service to patients because of the patient's race, creed,
color, sex or national origin.
Return to Top Advisory Opinion
4.A.1. Patients
with Bloodborne Pathogens.
A dentist has the general obligation
to provide care to those in need. A decision
not to provide treatment to an individual
because the individual is infected with
Human Immunodeficiency Virus, Hepatitis
B Virus, Hepatitis C Virus or another
bloodborne pathogen, based solely on
that fact, is unethical. Decisions with
regard to the type of dental treatment
provided or referrals made or suggested
should be made on the same basis as they
are made with other patients. As is the
case with all patients, the individual
dentist should determine if he or she
has the need of another’s
skills, knowledge, equipment or experience.
The dentist should also determine, after
consultation with the patient’s
physician, if appropriate, if the patient’s
health status would be significantly
compromised by the provision of dental
treatment.
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4.B. Emergency Service. Dentists shall be obliged to make reasonable arrangements for
the emergency care of their patients of record. Dentists shall
be obliged when consulted in an emergency by patients not of
record to make reasonable arrangements for emergency care. If
treatment is provided, the dentist, upon completion of treatment,
is obliged to return the patient to his or her regular dentist
unless the patient expressly reveals a different preference.
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4.C. Justifiable Criticism. Dentists shall be obliged to report to the appropriate reviewing
agency as determined by the local component or constituent society
instances of gross or continual faulty treatment by other dentists.
Patients should be informed of their present oral health status
without disparaging comment about prior services. Dentists issuing
a public statement with respect to the profession shall have
a reasonable basis to believe that the comments made are true.
Return to Top Advisory Opinion
4.C.1. Meaning of "Justifiable." Patients
are dependent on the expertise of dentists
to know their oral health status. Therefore, when informing a patient
of the status of his or her oral health, the dentist should exercise
care that the comments made are truthful, informed and justifiable.
This may involve consultation with the previous treating dentist(s),
in accordance with applicable law, to determine under what circumstances
and conditions the treatment was performed. A difference of opinion
as to preferred treatment should not be communicated to the patient
in a manner which would unjustly imply mistreatment. There will
necessarily be cases where it will be difficult to determine whether
the comments made are justifiable. Therefore, this section is phrased
to address the discretion of dentists and advises against unknowing
or unjustifiable disparaging statements against another dentist.
However, it should be noted that, where comments are made which
are not supportable and therefore unjustified, such comments can
be the basis for the institution of a disciplinary proceeding against
the dentist making such statements.
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4.D. Expert Testimony. Dentists may provide expert testimony when that testimony is essential
to a just and fair disposition of a judicial or administrative
action.
Return to Top Advisory Opinion
4.D.1. Contingent Fees. It is unethical for a dentist to agree to a fee contingent upon
the favorable outcome of the litigation in exchange for testifying
as a dental expert.
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4.E. Rebates And Split Fees. Dentists
shall not accept or tender "rebates" or "split
fees."
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